III. Instruction
3.3 Writs
Article 228 - Writ of Prohibitio
A Writ of Prohibitio, also known as De Prohibitio, is a form of peremptory precept and ecclesiastical indulgence issued under proper Sovereign Authority of a Juridic Person demanding an inferior court or forum to cease any and all further action on a matter as it has been addressed by a superior forum and competent authority. Whilst similar to the Writ of Certiorari, the Writ of Prohibitio does not require the inferior court to provide any records to the superior court, simply to cease any and all further action in the matter.
Prohibitio is a Latin term meaning “we command (you) to stop”:
(i) The Writ of Prohibitio is a command by a superior court to any government subordinate court, corporation or public authority to immediately halt an action that has otherwise been planned, announced or brought forward; and
(ii) Unlike Mandamus, there is no implication in a Writ of Prohibitio that the government subordinate court, corporation or public authority has failed to perform their duties properly. Instead, the Writ of Prohibitio is a direct instruction that an action materially affecting the property of the Estate is to be immediately halted, pending some proposed arbitration or deliberation.